Sunday, June 26, 2005

Caught In the Cross-Fire of the Spam War by Bill Platt



LET THERE BE LIGHT: To understand this story, we must return
to the beginning --- September 5th, 2001. One of my associates
had placed a free ad in a newsletter that she had just
subscribed to. For that effort, she was accused of spam! Mind
you the person filing the complaint was not the editor of the
newsletter, but rather a subscriber of the newsletter.

The man was frustrated because he was having difficulty getting
unsubscribed from the newsletter, so he filed a complaint
against everyone who was listed in the body of the message,
rather than just the list owner. It was his frustration,
anger and ignorance that fueled this nasty little affair.

My friend lives in a very small town in Canada that has only one
ISP. The Upline Provider for the local ISP was demanding her
account to be turned off permanently because of this accusation
which was later dropped. The local ISP stood their ground on
behalf of their customer --- my friend --- though this action
could have seriously hampered their ability to provide their
customers with Internet access.

Even in dropping his claim against my friend, the person who
filed the complaint insisted that my friend was somehow still
responsible for his inability to unsubscribe from the newsletter
in question!

The person who filed this complaint was using a system designed
by programmer Julian Haight to combat spam email called
SpamCops.net.

INTO THE PIT: In my original copy written September 10th, I had
compared the tactics of the few diehard SpamCop anti-spammers
to the tactics of a terrorist.

In the wake of September 11th, it did not seem appropriate to
refer to the SpamCop fanatics as terrorists. However closely
the tactics used by the SpamCop fanatics coincides with the
tactics used by the al-Qaida terrorist network led by Osama
bin Laden, SpamCop does not resort to murder.

Due to SpamCop.net's unwillingness to provide a real person
contact for the resolution of complaints, I was forced to turn
to their discussion board to find the resolution I was seeking
--- a resolution, which by the way, was never found.

My major complaint was that for someone to file against another
simply because their email address or website appeared in
someone else's ezine was improper.

Many members had knee jerk reactions to my questioning their
system from within their inner sanctum. Many resorted to name
calling and angry retort until a list administrator called them
down. After the list administrator directly addressed their
inappropriate comments, I received three open apologies from
members of the group.

PUBLISHERS BEWARE. Over the course of the next few days, I
watched their discussions. I was appalled to learn that many
of them put email addresses in circulation just so that they
can torment others with spam accusations.

As an owner of several discussion lists and newsletters, I now
make it a standard policy to bar participation in my groups by
someone sporting a SpamCop.net email address.

I had tried to observe their group with an open mind, as I too
find spam mail to be annoying. I receive nearly 50 pieces a
day from four to five people, who send me the same ads day
after day. What is really annoying is they send the spam to
my autoresponders with a fake address, so I get another 50
messages a day telling me that I used an invalid email address
in my autoresponder message. All have spidered my website to
get the email addresses.

A SPAMCOP SPEAKS. In all fairness, I was leaning towards a
semi-favorable opinion of the SpamCop program until "Jerry"
lashed out.

In his message, Jerry told me things which will just make you
want to explode in frustration.

He said of the innocent who get caught in the cross-fire of the
spam wars: "They should stay home."

He went on to say, "it is far better for thousands of innocents
to burn in Hell than one spammer prevail."

And, "Truth, Justice, and the American Way - or lack thereof -
is irrelevant. Spammers must believe there are no loopholes, no
gray areas, that the righteous will be sacrificed (in vast
numbers if need be) in order to expunge the evildoers."

In conclusion, it was stated, "Spam, like the one true faith,
is in the eye of the beholder. Again, if it looks like a bird,
it might be a duck. Better the condor dies than risk a quack."

These of course are just excerpts. If you would care to read
his entire message to me, you may do so at the bottom of this
page:

http://shopmystate.com/niba/BillP.html

NO SAFE HAVEN: On two occasions, I have found myself squarely
in the cross-hairs of the radicals or the angry that wear the
shield of SpamCop. I publish articles for free-reprint on the
web --- much as this article has come to you today.

The SpamCop's suggested that I was hiding behind the free-
reprint rights connected to my articles. They suggested that
I was encouraging spam by making my work available to be
published by anyone. In response to their suggestions that I
am the enemy, I have added one term to my Terms of Reprint:

* You may not use this article in UCE (Unsolicited Commercial
Email). Email distribution of this article must be opt-in
email only.

Despite this step, I have been accused of spam twice because my
article appeared in a newsletter that a complaint was lodged
against. In both cases, the SpamCop member did not file a
complaint against the person who was responsible for the
newsletter --- they filed against everyone who was in the body
of the email.

Their complaint was received by the editor of the newsletter,
the article writers, the advertisers, and anyone who was
fortunate enough to be mentioned in the resources section or
the Letters to the Editor. We each had our ISP and Upline
Providers contacted if our email address appeared in the
body of the newsletter and our webhosts contacted if our
domain appeared within the body of the newsletter.

The only way I can completely avoid spam complaints against my
domains is to stop writing altogether. I am a writer. That is
what writers do, we write. To please the SpamCop's, I must quit
being a writer or just "stay home."

POLICING THE POLICE. This is silly. If we cannot trust the cops
to make sure they nab the right person, who can we trust?

There is in fact a movement afoot to bring SpamCop down called
"Arresting SpamCop":

http://www.niba.shopmystate.com/

While some of the SpamCop members are simply tired of the
same kinds of spam that irritates us, there are others within
the movement who have an axe to grind with everyone who crosses
their path.

To suggest to a SpamCop member that folks should be trained in
the nuances of who to complain against in a complaint, you can
expect a reply like this. "Jerry" answered my suggestion
precisely this way:

"SpamCop users are literate, intelligent, virtually all college
educated, well-versed in spam, and are more computer-savvy than
99% of the world's population. It is presumptuous and arrogant
in the extreme to imply they need a Learning Annex class to
detect spam."

The question I have is to whom the term "arrogant" should be
applied?

This is what my webhost said about my last SpamCop spam
complaint, "As far as I know spam is generally considered to be
high volume unsolicited email. So, as long as you are not doing
that then I am not sure why it would be called spam."

CONCLUSION: While the anti-spammers rail on the ugliness of
spam, it seems they are perfectly willing and likely prefer
that the only people permitted to send email should be those
they directly give permission to.

Personally, I find the practices of the radicals of SpamCop to
be more offensive than the activities of the spammers. It is a
terrible thing to say, I know, but the spammers simply irritate
me and the SpamCop fanatics try to oppress my activities.

Osama bin Laden brought external terrorism to the United States
on September 11th, 2001. But the truth is that terrorists have
long existed in our country on our own soil, and great numbers
of them proudly were the shield of SpamCop.

We all must make a choice, do we "stay home" or do we fight the
oppressors who seek to diminish our freedom.
About the Author
Bill Platt is the owner of http://ThePhantomWriters.com .
Consider employing our team of professional wordsmiths to weave
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WANT TO HIT A SPAMCOP HARD? by Bob McElwain



In the film, "Cool Hand Luke," the vicious, sadistic prison
warden was fond of saying, "What we have here is a failure to
communicate." In the end, prisoner Paul Newman came to
"understand" the true meaning of this comment.

A while back, a friend of mine copied a message to me that
had been sent to a list of SpamCops and others. I was the
object of the exercise to come. The subject line was, "We have
another list owner here that [sic] needs to be educated."

Not much difference in the two statements, actually, for
"educated" in this context means "business destroyed."

The Source Of This "Complaint"

I had distributed a brief article advising against requiring
confirmation of subscription requests. In it, I described the
results of two attempts at using them. In the first trial, 40%
of new subscribers did not confirm. In the second, a longer
trial, 37% failed to confirm.

I can't be certain this article triggered action, for I was
never informed. But it was appended to the message received as
mentioned above. It appears I was added to the "get-him" list
because I recommend against requesting confirmation.

Radicalism Is Rising In Popularity

Sure, we've had some bad times in this country. When
Senator Joe McCarthy got you up to the stand, you were guilty
before you sat down. Since the early 80s, there has been an
awesome increase in small, organized, targeted extremist groups
which cram their views right down your throat.

Never mind they ignore your rights in doing so. Never mind
you may be seriously hurt, even destroyed, by their unilateral
actions. Never mind they make the judgement of your guilt in
a manner you can not contest. You are guilty. Period.

In "True Believer," Eric Hoffer years back clearly pointed
out the dangers of such groups to democracy as we know it. His
concerns have proved to be justified, as have his predictions
about such groups significantly reducing individual freedom
over time.

SpamCops In Perspective

To put SpamCops into this category is absurd. They are
trivial. They hide behind false names, as others have done for
centuries behind masks and robes. They violate the very rules
they claim to espouse. Compared to other forces at work in this
country, SpamCops and like minded people offer only a gnat sized
threat in a hawk-filled sky.

With one real exception. On a single unjustified and
unsupported claim, a webmaster can find his ISP and website shut
down without prior notice. And without recourse. For a small
business just making it, this can amount to the "straw" that
brings total collapse.

Small business people are the target. And SpamCops have
been effective at doing vicious damage to many. The nature
of the vicarious thrill they get in doing so escapes me.

This is real power. And it appears to be used for its
own sake. In all else, SpamCops are utter failures.

Impotent Phonies

They are powerless to prevent real spam. The junk overflows
our mailboxes, and we stand helpless before it. So do SpamCops.
They can't shut down an ISP or a host owned by spammers. Or
those they sell their lists and services to.

So they've taken a giant step and essentially redefined spam
as anything received you did not request. A target-rich
environment. Requests made, then forgotten, bring messages
called spam.

I was pounded by SpamCops regards an article sent with my
name on it. I pointed out the only way to get that article was
to send an email to an autoresponder address. I was ignored,
of course. Their continuing innuendos and implied threats were
disturbing.

Two Giant Leaps

They took a giant step by taking advantage of specialized
software now available. It scans any document and automatically
sends their "spam" to every URL and email address found.
Fascinating. I'm now a spammer because my work appears in an
ezine they have defined as spam. Nuts. This usually amounts
to someone forgetting they subscribed.

Their latest step is even more absurd. You are now
"spamming"
with a 100% opt-in list if no confirmation is required. What
in the world does confirmation have to do with unsolicited
bulk email?

My thanks-for-subscribing message includes URLs to the
goodies. And a URL that can be clicked to automatically
unsubscribe.

When you open your front door to a knock, do you close
it and require another?

Facts About Subscriber Counts.

You're bound to lose a few list members along the way.
Some choose to unsubscribe. More make a change in their email
address and do not think to subscribe again. Thus you will
inevitably lose membership each month. Possibly 2% of your
list.

So long as the number of new subscribers exceeds the number
lost each month, your list will continue to grow. But try a
confirmation request, and you may find the number of new members
does not replace those lost.

Now explain to me how I'm going to grow a business in such
fashion. And further, explain how SpamCops can decide that a
list that doesn't require confirmation is sending spam. Then
go on and make it clear just what SpamCops intends to accomplish
with this demand. I don't think they know. They simply delight
in hurting people.

So What's Next On The Agenda

Right. You guessed it. Content. If SpamCops can make
confirmation indirectly the "law," what's to prevent them from
judging the content of a given newsletter as unsuitable, and
thus spam? Maybe a piece such as this one directed at the evil
done by such a rag-tag bunch of low-lifes.

A scary thought to me. This would open a whole new world
of opportunity to destroy helpless individuals.

Fighting Back

Don't even think about it. If you are attacked by SpamCops,
respond minimally and politely as required, and get on with your
business.

These people absolutely thrive on conflict. They glow with
inner "strength" in the heat of battle. They can amass an array
of other right-thinkers against you.

Forget it, for it's a battle you can not win. It is
impossible to reason with irrationality.

Hitting Where It Hurts

However, you can now hit back. And in the right place.
Their pocket book.

In a recent issue of her ezine, "The iCop Whistle Blower,"
jl scott offered a neat piece about the
absurdities of SpamCops. She wrapped with a positive and
powerful suggestion. I want to do the same here.

Serious minded people are joining in a class action suit
against these people. You can contribute information or choose
to participate. Here are some key links.

Victim Form - Explain How You've Been Hurt


Notes about how this all got started


Keep up on what is happening


In Closing ...

Here's a comment from jl scott. "I salute the people who
are determined to organize this class action suit. Clearly, if
we don't do it ourselves, these wild-eyed lunatics will continue
to hurt decent and ethical businesses."

I applaud her stand. Come join in; the water's fine.
About the Author
Bob McElwain, author of "Your Path To Success."
How to build ANY business you want, just the
way you want it, with only pocket money.